§101.30. Determination of Eligible Veteran

The following criteria will be used to determine whether a veteran's service qualifies his or her children for benefits under this Part:

 

a)         Death

In applications based on the death of a veteran while in eligible service, a determination by the U.S. Department of Defense or the U.S. Department of Veterans Affairs (federal agencies) that the death was service connected will be sufficient.

 

b)         Disability

 

1)         In applications based on the permanent and total disability of a veteran, a determination by the federal agencies that the disability was service connected will be sufficient.

 

2)         A veteran will be considerable eligible when he or she has not received disability compensation because he or she received retirement pay or other benefits from a federal agency.

 

3)         A service-connected disability rated at 100% by the U.S. Department of Veterans Affairs and continuing for 2 consecutive years will be considered permanent for the purpose of this Part, and benefits shall continue to be paid as long as the 100% disability and the child's eligibility continue.

 

4)         The following conditions will be considered as permanent and totally disabling without further consideration: 

 

A)        Permanent loss of, or the loss of use of:

 

i)          both feet, both hands or both eyes;

 

ii)         one hand and one foot

 

iii)        one foot and one eye;

 

iv)        one hand and one eye; or

 

B)        Total loss of hearing in both ears; or

 

C)        Organic loss of speech.

 

c)         Claims Based on Service During an Induction Period

 

1)         The standards of the federal agencies for determining service connection based on peacetime service will be used when the death or disability resulted from armed conflict or was directly incurred while engaged in extra-hazardous service, including service under conditions simulating war.

 

2)         Except as provided in subsection (c)(1), the cause of disability or death, either primary or contributory, must be directly from, and the causative factor must have been the performance of, service while on duty status. This criterion is met if the death or disability was a result of the performance of duty while under military order or direction, regardless of whether the duty entailed risks greater than those of civilian life. It must be reasonably apparent that the death or disability would not have been incurred if the individual had not been performing active service.